Kendrick v. Greiner

Second Circuit

Kendrick v. Greiner

132 F. App'x 391

CourtCourt of Appeals for the Second Circuit

DecidedMay 27, 2005

DocketNo. 04-0433-PR

StatusPublished

This text of 132 F. App'x 391 (Kendrick v. Greiner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kendrick v. Greiner, 132 F. App'x 391 (2d Cir. 2005).

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Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is AFFIRMED.

Petitioner Jaythan Kendrick appeals from the memorandum, judgment, and order of the District Court, entered December 3, 2003, denying his petition for a writ of habeas corpus. See Kendrick v. Greiner, 296 F.Supp.2d 348 (E.D.N.Y.2003).

On February 15, 1996, petitioner was convicted in New York State Supreme Court principally of second-degree murder for the stabbing death of an elderly woman in Queens, New York. Petitioner urges on appeal that the District Court erroneously rejected two asserted grounds for habeas relief. First, petitioner argues that he was denied his Sixth Amendment rights by an unduly suggestive pretrial lineup that tainted pretrial and in-court identifications of petitioner. Second, petitioner asserts that he was denied a fair trial when the trial court permitted cross-examination of petitioner regarding pending criminal charges.

We have considered all of petitioner’s arguments and find them without merit. Substantially for the reasons stated in the memorandum, judgment, and order of the District Court, we AFFIRM.

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SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is AFFIRMED.

Petitioner Jaythan Kendrick appeals from the memorandum, judgment, and order of the District Court, entered December 3, 2003, denying his petition for a writ of habeas corpus. See Kendrick v. Greiner, 296 F.Supp.2d 348 (E.D.N.Y.2003).

On February 15, 1996, petitioner was convicted in New York State Supreme Court principally of second-degree murder for the stabbing death of an elderly woman in Queens, New York. Petitioner urges on appeal that the District Court erroneously rejected two asserted grounds for habeas relief. First, petitioner argues that he was denied his Sixth Amendment rights by an unduly suggestive pretrial lineup that tainted pretrial and in-court identifications of petitioner. Second, petitioner asserts that he was denied a fair trial when the trial court permitted cross-examination of petitioner regarding pending criminal charges.

We have considered all of petitioner’s arguments and find them without merit. Substantially for the reasons stated in the memorandum, judgment, and order of the District Court, we AFFIRM.

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Bluebook (online)

132 F. App'x 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendrick-v-greiner-ca2-2005.

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